Law & Practice

ARGENTINA: Significant Amendments to Trademark Examination and Registration Procedures

Published: February 4, 2026

Diego Palacio Palacio IP Buenos Aires, Argentina Brand Restrictions Committee

Verifier

Juan Lopez Mañan Marval O'Farrell Mairal Buenos Aires, Argentina Trademark Administrators Committee

The National Institute of Industrial Property (INPI) has issued Resolution 583/2025, introducing important amendments to the trademark registration procedure in Argentina. According to INPI, the reform seeks to accelerate administrative processing, reduce examination timelines, and align local practice with international standards. Certain provisions entered into force immediately, while others will apply as of March 1, 2026.

The most relevant modification, which will take effect immediately, concerns the limitation of INPI’s registrability examination to absolute grounds only. The office will now assess distinctiveness, public policy considerations, and the presence of identical marks covering overlapping goods or services.

INPI will no longer examine relative grounds, including similarity with earlier trademarks, likelihood of confusion, personal names or pseudonyms, or activity designations related to products. INPI will now consider these grounds, formerly analyzed ex officio under Section 3(b), (d), (h), and (i) of Law 22,362, only when third parties raise them in an opposition. This change shifts the responsibility for identifying prior conflicting rights from the office to rights holders.

A new procedural sequence will take effect on March 1, 2026. Formal and substantive examination will be conducted immediately upon filing and prior to publication. Approved applications will then be published for one day in the Trademark Gazette. If no one files an opposition within 30 calendar days, INPI will grant the registration. This represents a departure from the traditional sequence in which publication preceded examination and in which processing times were significantly longer.

The resolution leaves the opposition system unchanged. The statutory right to oppose, set forth in Sections 15 and 16 of Law 22,362, remains fully in effect. The existing administrative opposition procedure governed by Resolution P-183/18 continues to apply without modification.

Aspect	Previous System	New System (INPI Res. 583/2025)
Scope of Examination	Absolute and relative grounds (similarity, confusion, names, and activity designations)	Only absolute grounds: distinctiveness, public policy, and identical trademarks with overlapping goods/services
Similar Trademarks	INPI could refuse ex officio	INPI does not review similarity
Responsibility for Conflict Control	Shared between INPI and trademark owners	Entirely on prior owners through opposition
Timing of Examination	After formalities check	Immediate examination before publication
Opposition Period	30 calendar days	30 calendar days
Granting	Depended on substantive review; could take between 15 and 18 months	Supposed to be automatic after 30 days if unopposed. However, it is unclear whether this new procedure will significantly delay publications.
Risk of Future Conflicts	Lower	Higher if monitoring is neglected

The reduced scope of INPI’s examination makes it essential to actively monitor newly filed applications. Rightsholders should evaluate potential conflicts promptly and consider oppositions where appropriate. Comprehensive clearance searches prior to filing also gain in importance in preventing future disputes or invalidity actions under the new framework.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

Topics Law Firm Argentina